These Terms and Conditions (“Terms”) govern your use of the Servcart.net website (“Website”) and its content, services, and features (collectively, “Services”). The Servcart.net website is owned by Servcart.net (“Company”, “we”, “us”, “our”).  By accessing or using the Website, the Customer (‘you”, “your”) agree to be bound by these Terms. These Terms remain in full force and effect while you continue to use the Website and/or the Services.  If you do not agree with any of these Terms, please refrain from using this Website.

Acceptance of Terms

1. These Terms constitute a legally binding agreement between you and Servcart.net.

1.2. By accessing or using the Website, you affirm that you are either 18 years or older and may enter into a legally binding agreement in the jurisdiction where the Website and related Services are being used.  You additionally confirm that you have read and understood Servcart.net’s Privacy Policy, expressly a part of these Terms and agree to the policy as a part of these Terms. 

1.3. As a part of the acceptance of the terms of the service, you agree that you understand that Servcart.net provides the Website:

(a) to allow you to purchase products from a Third Party Supplier (“Supplier”).  Servcart.net provides the Supplier a place to showcase, market, and sell these products.  Servcart.net does not otherwise control or endorse any products provided by Supplier; and 

(b) to facilitate the scheduling of transport of a shipment of products you have purchased from the Supplier by an independent contractor driver.

You also understand that the independent contractor driver will not be using a regular vehicle for your shipment and not a commercial vehicle.  If you are planning on ordering products that will exceed ___ pounds, the Company will decline the order and you are directed to make other arrangements for your purchases.

1.4  The terms are not intended to be and shall not be interpreted or construed a contract for carriage. Company performs these services in the capacity as your agent and property broker defined under 49 USC § 13102.  Servcart.net is not a motor carrier nor is Company a  freightforwarder.  You agree that the Company’s liability shall be limited only to acts by Servcart.net’s capacity as a property broker, and does not extend to the actual transportation of your ordered products from the Supplier.

1.5  We reserve the right to modify or update these Terms from time to time. By continuing to use the Website after any such changes, you accept the Terms and any modifications that are made thereafter including Company’s privacy policy incorporated here by reference.

User Account

2.1. In order to access certain features of the Website or use the Services, you will need to create an account. You will need to register your name, telephone number, valid credit card number, addresses related to biling and delivery, and other pertinent information to ensure you may legally use the Website and our Services.  If it is determined that you are not legally allowed to use our Website or Services, or are using your account in a method not approved by the Company, your account will be immediately terminated.  Please see section 7.2 for more information.  Your personal data retained for this purpose will follow the Company’s privacy policy.

2.2. You are solely responsible for maintaining the confidentiality of your account information, including your username and password, and for any activity that occurs under your account.  Please note that this can include any financial transactions that are made in the process of utilizing our Services.  YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. 

2.3.  You agree to provide the most up-to-date information related to your account to ensure that all billing and delivery addresses are correct and Servcart.net can properly make the deliveries to you. 

Product Information and Fulfillment

3.1. The Website may display products for sale, including but not limited to descriptions, images, prices, and availability.  You understand that Servcart.net displays these products for sale in conjunction with separate third party businesses that offer these products.   You understand that Servcart.net does not otherwise control these third party businesses for the products, descriptions, images, prices, and availability of these products.

3.2. You understand that Supplier is solely responsible for maintaining inventory and pricing schedules for the products they place on the Website.  While Company strives to provide accurate and up-to-date information, we are wholly reliant on Supplier to ensure the information is correct.  Company does not mark up any prices from the Supplier.  We do not guarantee the accuracy or completeness of product descriptions or other Supplier based content on the Website. Any changes to pricing, promotions or discounts from the Supplier will be reflected and posted on the website as well as the Mobile app.  

(a) You further understand and agree that Supplier is providing products on an “as-is” basis.  Should you have any concerns regarding warranties and conditions, including but not limited to all warranties or conditions of merchantability, fitness for a particular purpose, title, or accuracy, such concerns must be brought up with the Supplier. 

(b) Company makes no representation regarding warranties or the condition of the product on the Website.

3.3. Company reserves the right to curate, with Supplier, what products may be offered on the Website in line with Company’s policies.  You understand that some products may be found at the Supplier’s website or public storefront that may not be available on the Company’s website or app.

3.4.  By ordering the product from the third party business, you expressly understand and agree to waive all claims against Servcart.net regarding the product and accept all risks associated with the use of your purchased product.  You expressly understand and agree that any complaints or legal issues connected to any complaint thereof related to the ordered product will be brought to the Supplier that you purchased the product from.

3.5.  Supplier will fulfill your order based on what is transmitted by the Website.  If there is an incorrect, missing, or otherwise unusable product in the shipment as a result of Supplier’s actions, please contact Company to assist with the refund process.

Orders and Payments

4.1. By placing an order on this Website, you agree to pay the specified price for the selected products, including any applicable taxes and the shipping fee.

(a) The delivery fee will vary based on the weight and the distance between the Supplier and the delivery address you provide.  Additional fees are applicable if you change the delivery address after the Supplier has loaded the independent contractor driver’s vehicle which will then be calculated from the original delivery address you provided to the new delivery address you specify.

4.2. Acceptable payment methods are listed on the Website.  Company reserves the right to modify payment methods without notice.  You should ensure that you have the proper payment method set up with the Website in the use of the Service to prevent delays in purchases of products of Supplier and setting it up for delivery by the Company.

4.3. All payments are processed securely by a third party service provider.  While we do not store your payment information on our servers, the third party service provider may retain this information for functions including, but not limited to: processing the transaction; accounting purposes; and for audit requirements.  As discussed in our Privacy Policy, Company does not control the activities of third party service providers.  If an issue arises with from actions related to our third party service provider, they will advise you on next steps to resolve the issue.  To the best of our ability, Company will ask our third party service provider to adhere to our privacy policy.

4.4 Gratuities.  If you wish to provide a gratuity to the driver, you may do so as a part of your payment of your order or directly by cash to the driver.  Servcart.net will forward all gratuity payments you provide directly to the driver.

Shipping, Delivery, and Acceptance.

5.1. We will make every effort to process and ship your order promptly. Delivery times may vary based on your location and the chosen shipping method.  Delivery charges will vary based upon the estimated distance from the Supplier to the delivery address you specify for your order.  Acceptance of the shipment from the Supplier occurs once the product arrives at the delivery address you specify.

(a) Company provide you the photographic images of the order prior to delivery to you. This obligation does not include products that are in a bulk and in wrapped-up condition.  

(b) Upon arrival at the delivery address, Company will provide you the photographic images of the Product shipment to confirm evidence of delivery.  

5.2.  Company does not guarantee the 2-hour delivery window if there is a delay in loading or due to traffic jam that is not otherwise the fault of the Company.  Where there are traffic related issues, the Company will make best efforts to notify you at first opportunity that such an event is present and that a delay to your delivery will occur. 

5.3. Servcart.net independent contractor drivers are limited to the unloading of items up to thirty (30) pounds.  If there are products heavier than thirty pounds, you will be responsible for unloading these items from the vehicle yourself.  

5.4. Heavy Loads.

(a) Heavy loads are defined as total product weight of, or more than, _____ pounds.

(b) Heavy loads will be loaded onto the independent contractor’s vehicle by Supplier’s personnel.  You, as the customer will be responsible for unloading products yourself in a timely manner. 

(c) Should you exceed ___ minutes for unloading, there will be additional service charges of $___ per minute.

5.5. You, as the customer, are ultimately responsible for providing the correct delivery address to us.  We will request that you confirm the delivery address before our attempt to deliver. If the delivery address is not confirmed, we will not deliver the order.

5.6.  Company will charge you for the delivery from the Supplier’s location to the delivery address you provide on the order.  In the event you change the delivery address after the independent contractor driver has left the Supplier, a further charge will be added to your invoice for transportation calculated from the original delivery address to the new address.  The Company will notify you in advance for the additional charge due to the change of delivery address and request for your confirmation.    

5.7. You understand that Company is solely responsible for the transportation of your purchased goods from the Supplier to your delivery address. We are not liable for Supplier’s damaged products or liability related to damaged products.

(a) If an independent contractor damages your product during the unloading process, provided that the individual item does not exceed thirty (30) pounds and/or the shipment is not classified as a heavy load, you may file a request with the Company to reimburse you for the replacement cost of the damaged product.

(b) Any request in part (a) must be made immediately at the time of discovery of the incident.  The request must include the Servcart.net order number, the product ordered, the Supplier, and the name of the Servcart.net driver that made the delivery.

5.8  The maximum shipment weight of Products shall not exceed 14,000 pounds.

Cancellation, Returns and Refunds

6.1. Returns of product to the Supplier as a result of Supplier’s actions (missing product, damaged product during loading by Supplier, or wrong product sent by Supplier) will be directly managed by you with the Supplier.

6.2.  If you are seeking to return a product not as a result of Supplier’s action to obtain a refund, you are required to ensure that the product is returned in its original condition.  We reserve the right to refuse returns or refunds if the product is not returned in its original condition or does not meet the return policy criteria of our third party business that the product was purchased from.  In the event this occurs, you will be notified by the Company of this situation and to contact the Supplier to resolve this matter.  Additionally, if you request that the Company return the product, you may be charged a transportation fee for the pickup of the product and shipping it back to the Supplier.

6.3 You may only cancel or change an order after it has been placed with Servcart.net as long as the independent contractor driver has not reached the Supplier’s place of business to pick up the order.  Servcart.net must receive your cancellation request through email, SMS, through the Website, the App, or by our contacting our Communication Center. If you make a cancellation request after loading of your purchased products has started, Servcart.net will not refund the delivery charge.

6.4. Any refund due to the cancellation of an order will be managed by the Company outside of the Website. Please contact our Communication Center to create a refund request. You will be notified of any additional applicable costs from Servcart.net for shipping the item back to Supplier.  Please note that while Servcart.net does not charge a restocking fee, the Supplier may have a restocking fee policy.  You are strongly recommended to review the Supplier’s refund policy prior to making any purchase.  

6.5. Company will charge you for extra transportation if you decide to replace an item with a different item for any reason after a Product has been loaded and is en route to your delivery address.

User Obligations and Termination

7.1. You agree to use the Website for lawful purposes only and in compliance with applicable federal, state, and local laws/regulations.

7.2. While we do not undertake any obligation to monitor your use of the Service, if you engage in conduct that is in violation of these Policies or is otherwise illegal or improper, we reserve the right, in our discretion, to disable your account, refuse to accept orders and/or deliver products.  In most cases, we will attempt to notify you of any activity in violation of these Acceptable Use Policies and request that you cease such activity; however, in cases where the viability of any of our Services are potentially threatened or cases involving illegal activities, we reserve the right to temporarily suspend your Service or access to the Service, at our sole discretion, without notification. In addition, we may take any other appropriate action, legal or otherwise, against you for violations of these Policies, which may include termination of the Service or any delivery. We do not make any promise, nor do we have any obligation, to monitor or police activity occurring via the Service and will have no liability to any party, including you, for any violation of these Policies.

7.3. Company may suspend or terminate your access to the Services at any time for any reason with or without notice to you. You may terminate your account at any time for any reason by delivering notice in a manner provided in these Terms.  Termination will be effective the day notice is received by the Company or the later date specified in the notice. If you terminate your Servcart.net account for any reason, you will not be entitled to a refund of any fees. Company reserves the right to collect fees and charges incurred before you cancelled your Servcart.net Run Service. In addition, you are responsible for any charges incurred by Servcart.net from Suppliers you purchased product from and/or any related services Servcart.net has provided.

Intellectual Property

8.1. The Website is a copyrighted work belonging to Servcart.net. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features.  All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

8.2.  The content on this Website, including but not limited to text, graphics, logos, images, product information, and software, is protected by copyright, trademark, and other intellectual property laws.  You understand that all content is considered the exclusive intellectual property of Servcart.net.

8.3.  You may not reproduce, distribute, modify, display, perform, or otherwise use any content from this Website without the prior written consent of Servcart.net.

Limitation of Liability

9.1. To the extent permitted by applicable laws, Servcart.net shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website or the products purchased from it.  As explained in Paragraph 1.4, Company’s liability shall be limited only to acts by Servcart.net’s capacity as a property broker, and does not extend to the actual transportation of your ordered products from the Supplier. Additionally, to the maximum extent permissible by law, Company shall not be liable to you or any third party for lost profits, lost data, costs for replacement or alternate means of purchasing the product.

9.2. You explicitly agree that in no event and in all cases shall Servcart.net’s total liability exceed the total amount you paid for the specific product giving rise to the claim.

Indemnification

10.1 You agree to indemnify and hold harmless Servcart.net from any claims, liabilities, damages, expenses, or costs (including reasonable attorneys’ fees) arising from your breach of these Terms or your use of the Website and its services.

Governing Law and Dispute Resolution

11.1. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.  The state and federal courts located in Los Angeles, California are the exclusive venue for resolving any disputes under this agreement. By using the Website and the Services, you expressly consent to the personal jurisdiction of such courts, and waive defenses concerning venue and convenience of forum.

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11.2  By using the Services, you and the Company (referred here in the singular as “Party” and collectively as the “Parties”) agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation in Los Angeles, California, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration in Los Angeles, California, in accordance with the JAMS Comprehensive Arbitration Rules. Either Party may commence mediation by providing to JAMS and the other Party a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. 

Either Party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the Parties, the mediator shall be disqualified from serving as arbitrator in the case. 

The provisions in this section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including reasonable attorney’s fees, to be paid by the Party against whom enforcement is ordered. Any arbitration award shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

11.3. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California.  All other disputes, claims, or requests for relief shall be arbitrated.

11.4. Waiver of Jury Trial. YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  You and Company are instead electing that all disputes, claims, or requests for relief shall be resolved by mediation and arbitration under these Terms.  

Severability

12.1. If any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from these Terms, and the remainder of the Terms shall remain in full force and effect.

Force Majeure/Impossibility

13.1 Servcart.net shall not be liable for inadequate performance to the extent caused by a “force majeure event” (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, pandemic, and Internet disturbance) that was beyond the Servcart.net’s reasonable control.  Servcart.net shall promptly notify you of a force majeure event as soon as it is practicable regarding the impossibility of fulfilling the Services.  Any charges made shall be promptly refunded assuming that no Services were performed.

Changes to Terms

14.1 We may modify or update these Terms from time to time. By continuing to use the Website after any such changes, you accept the modified Terms.
Please read these Terms carefully before using Servcart.net. If you have any questions or concerns regarding these Terms, please contact us at sales@servcart.net.